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Labour Relations Act, 1995 (Act No. 66 of 1995)

Bargaining Council for the South African Road Passenger (SARPBAC)

Main Collective Agreement

Annexures

Annexure B : Dispute Resolution

9. Representation at Dispute Proceedings

 

 

9.1 A  Party to  a dispute  must appear  in person  at  the  dispute  proceedings  before SARPBAC but may, in addition, be represented by:—
9.1.1 a Legal Practitioner or labour law consultant subject to agreement between the Parties or
9.1.2 a member, Official or office bearer of a registered Trade Union, that the Party was a member of at the time the dispute arose or
9.1.3 an  Official  or  office  bearer  of  a  registered  employer's  association  that  the Party was a member of at the time the dispute arose or
9.1.4 a director, employee, trustee or partner of the Employer Party or
9.1.5 if proceedings are brought, or opposed, by more than one Party by another party to the dispute.

 

9.2 Despite clause 9.1. 1 above, if the dispute is about the fairness of a dismissal and a Party has alleged that the reason for the dismissal relates to the employee's conduct or incapacity, the Parties are not entitled to be represented by a Legal Practitioner in the proceedings unless:—

9.2.1        the Commissioner and the other Parties consent to such an arrangement;

9.2.2 the Commissioner concludes that it is unreasonable to expect the Party to deal with the dispute without legal representation, after considering the nature of the questions of law raised by the dispute, complexity of the dispute, public interest and/or the comparative ability of the opposing Parties or their representatives to deal with the dispute.